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AN APPLICATION TO CHIEF METROPOLITAN MAGISTRATE OR DISTRICT MAGISTRATE BY BANKS/FINANCIAL INSTITUTIONS/ SECURED CREDITOR U/S. 14 OF SARFAESI ACT, 2002 FOR THE PURPOSE OF TAKING POSSESSION/FORCIBLE POSSESSION OR CONTROL OF THE SECURED ASSET
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This is a precedent of an Application to Chief Metropolitan Magistrate or District Magistrate by Banks/Financial Institutions/Secured Creditor u/s. 14 of SARFAESI Act, 2002 for the purpose of taking possession/forcible possession or control of the Secured Asset. The Bank/Financial Institution/ Secured Creditor has become entitled to the possession of the Secured Asset under the provisions of SARFAESI Act, however, the Borrower is not co-operating.
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POLICE COMPLAINT UNDER SECTIONS 415, 418 AND 420 READ WITH 34 OF INDIAN PENAL CODE,1860 (OFFENCES OF CHEATING ETC.)
This is the precedent of Police complaint against the person who has cheated and played fraud upon him/her. The person is cheated and fraud is played upon him/her.
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APPLICATION BEFORE THE SESSIONS COURT FOR EXTENSION OF INTERIM ORDER WHILE REJECTING AN APPLICATION FOR ANTICIPATORY BAIL
This is the precedent of an Application before the Session's court for extension of Interim order while rejecting an Application for Anticipatory Bail. An application for an anticipatory bail is rejected. Earlier interim protection was granted. By this Application, the Applicant is seeking continuation of interim protection till he goes to higher court.
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BAIL APPLICATION BEFORE THE SESSIONS COURT UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE 1973 IN THE CASE WHERE BAIL APPLICATION IS REJECTED BY THE MAGISTRATE’S COURT
This is the precedent of Bail Application before the Session's court U/s. 439 of the Code of Criminal Procedure, 1973 wherein Bail Application is rejected by the Magistrate's court.
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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON CRIMINAL (BAIL) APPLICATION
The High Court has rejected the Bail Application of the Accused. The remedy is to approach the Hon'ble Supreme Court of India. This the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's Order on Criminal (Bail) Application.
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AN APPLICATION UNDER SECTION 17 OF THE SECUTARISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY A THIRD PARTY WHO IS NEITHER BORROWER NOR GUARANTOR
The Bank/Financial Institution has issued a Notice u/s. 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same against the property of a third party who is neither a borrower nor a guarantor nor in any manner responsible to Bank/ Financial Institution. This is a precedent of an application under Section 17 of the Secutarisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by a third party to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON ANTICIPATORY BAIL APPLICATION
This is the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's order on anticipatory bail application. ABA is rejected by the Sessions court and High Court. The Supreme Court is the highest court to challenge the High Court's refusal and seek Anticipatory Bail.
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AN APPLICATION FOR CANCELLATION OF ANTICIPATORY BAIL GRANTED UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973
An order for ABA is already granted, however, the Accused/Applicant has breached the conditions imposed by the court. This is the precedent of an Application for cancellation of ABA.
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WRIT PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE FOR QUASHING OF FIRST INFORMATION REPORT (BY CONSENT OF THE PARTIES)
This is the precedent of Writ petition for quashing of First Information Report (FIR) to the High Court by consent of the parties.
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NOTICE TO BORROWERS AND THE GUARANTORS UNDER SECTION 13 (2) OF SARFAESIA, 2002 BY BANKS/FINANCIAL INSTITUTIONS
This is a precedent of notice by the Banks/Financial Institutions to the Borrower and the guarantors under Section 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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REPLY UNDER SECTION 13 (3A) OF SARFAESI, 2002 OF THE BORROWER/GUARANTORS TO STATUTORY NOTICE OF BANK/FINANCIAL INSTITUTION UNDER SECTION 13 (2) OF SARFAESIA, 2002
This is a precedent of reply under Section 13 (3A) of Sarfaesi, 2002 of the Borrower/Guarantors to statutory notice of Bank/Financial Institution under Section 13 (2) of Sarfaesi, 2002
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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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AN APPLICATION TO THE RECOVERY OFFICER OF THE DEBT RECOVERY TRIBUNAL FOR RAISING THE ATTACHMENT LEVIED ON THIRD PARTY’S PROPERTY
This is a precedent of an Application to the Recovery Officer of the Debt Recovery Tribunal for raising the attachment levied on Third Party’s property.
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